McCaig Ex Rel. Estate of McCaig v. Wells Fargo Bank (Texas), N.A.

With due respect to my colleagues, I dissent from the affirmance of this $300,000 judgment for a house worth less $100,000 that the McCaigs never lived in, and for a debt on which they never had personal liability. Given the majority’s errors in interpreting the Texas Debt Collection Act (“TDCA”)1, this kind of liability may become plausible nearly every time a lender makes a mistake concerning a consumer debt.2 Another way to look at this result is that in Texas, there has been no cause of action for “attempted wrongful foreclosure.” Port City State Bank v. Leyco Constr., 561 S.W.2d 546, 547…